Opinion
January 10, 1951.
Appeal from Supreme Court, Saratoga County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Coon, JJ.
The automobiles of plaintiff and defendant collided at the intersection of Walnut and Washington Streets in the city of Saratoga. Defendant's car approached the intersection on the plaintiff's right. The testimony was such that the jury could find that neither party exercised due care in approaching and entering the intersection. The exclusion of testimony as to skid marks, purporting to have been made by defendant's car, was erroneous in our opinion; but the error, in view of other testimony in the case, is not of sufficient gravity to require a reversal. The trial court correctly refused to charge the doctrine of the last clear chance. Judgment and order unanimously affirmed, with costs.